MEMORANDUM OF AGREEMENT 

between the 

Washington State Department of Ecology 

and 

Energy Facility Site Evaluation CounCil . 

Related to the 

UNDERGROUND INJECTION CONTROL PROGRAM 

for the 

STATE OF WASHINGTON 

This agreement is made and entered into by and between the Washington State Department of 

Ecology (Ecology) and the Energy Facility Site Evaluation Council (EFSEC). Ecology has been 

designated the lead agency by the Governor's Office to administer the Underground Injection 

Control (UIC) Program authorized by 40 CFR, Part 145, of the federal Safe Drinking Water Act, 

Public Law 93-523 and Public Law 96-502. In addition, Ecology is charged with controlling and 

preventing pollution of state waters, including groundwater, under Chapter 90.48 RCW. EFSEC 

coordinates all of the evaluation and licensing steps for siting major energy facilities in Washington 

·under the authority of Chapter 80.50 RCW. EFSEC has the authority to specify the conditions of 

construction and operation of major energy fGtcilities. EFSEC also issues permits in lieu of any 

other individual state or local agency authority for approved energy facilities subject to chapter 

80.50 RCW. 

PURPOSE 

This agreement will be used as part of Ecology's submittal to the U.S. Environmental Protection 

Agency for primacy reauthorization so that Ecology can continue implementation of the UIC 

delegated program. This agreement designates that EFSEC will evaluate UIC wells at energy 

facilities subject to chapter 80.50-RCW, and either issue state waste discharge permits or confirm 

that the wells meet the rule authorization standards under WAC 173-218-070. This agreement 

also requires EFSEC to send all UIC well registration information to Ecology for the UIC wells used 

at energy facilities under the jurisdiction of EFSEC. 

STATEMENT OF WORK 

1. Duties of Ecology 

Ecology shall administer the Underground Injection Control Program as described in Exhibit 

A, attached and incorporated by reference, except where the UIC wells are located at 

energy facilities subject to Chapter 80.50 RCW. 
2. Duties of EFSEC 

EFSEC shall ensure that all qualifying UIC wells at energy facilities that have been approved 

by EFSEC pursuant to Chapter 80.50 RCW meet the rule authorization requirements of 

Chapter 173-218 WAC. 

EFSEC shall provide registration information to Ecology for all UIC wells at energy facilities 

that have been approved by EFSEC pursuant to rule authorization as set forth in WAC 173-

218-070. 

For those UIC wells that do not meet the rule authorization criteria under Chapter 173-218 

WAC, EFSEC will issue state waste discharge permits for such wells. 

3. Duration of Agreement 

This agreement shall be effective on the date when this agreement has been signed by 

both Ecology and EFSEC, and may be terminated upon 30 days written notice by either 

party. · · 

4. Changes, Modifications, and Amendments 

This agreement sets forth in full the entire agreement of the parties in relation to the subject 

matter hereof, and ~ny other agreement, representation, or understanding, verbal or 

otherwise, is hereby deemed to be null and void and of no force and effect whatsoever. 

This agreement may be waived, changed, modified, or amended only by written agreement 

executed by both the parties hereto. 

If any provisions of this agreement shall be deemed in conflict with any statute or rule of 

law, such provision shall be deemed modified to be in conformance with said statute or rule 

of law. 

Date 

Aile~~ Date 

Energy Facility Site Evaluation Council Manager 

Energy Facility Site Eva,luation Council